chased by a debt company

cab132

Question for some help for my sister. She signed as a guarantor of her ex-husbands company (husband at the time) in February 2018, she was then taken off the company as a director or person of significant power in March 2018. Her ex-husband hadn’t paid the loan since 2020 and they had chased him, he said he paid £1000 and did an IVA including this company and they backed off and then towards the end of 2021 they started sending my sister letters to get her to pay the loan. Their letters were weird saying stuff like “this is not a scam” in them so she did think it was a scam when she first started receiving them as she wasn’t aware of the company and didn’t know what it was so didn’t respond straight away. She then spoke with her ex-husband who explained the situation and he said that he would sort it out however apparently they are able to take money off her also and they have now given her a week before they go in for the restriction over her property so she would like to speak to somebody who can help her with this. Thank you for any help given 

sourcrates

They cannot just apply for a restriction over a property, nor can anyone just take money from anyone else, they must take her to court first, and obtain a county court judgement against her.

I`m assuming the property is owned jointly, so a restriction is all they can obtain, to be honest, its nothing to worry about, unless or until, they sell the house.

cab132

Thank you that is really helpful. Yes the property they are threatening to put a restriction on is jointly owned by her and her new partner. In terms of trying to make her pay money for the even though her ex-husband is paying and has an IVA how does that work if you know anything please?

sourcrates

cab132 said:

Thank you that is really helpful. Yes the property they are threatening to put a restriction on is jointly owned by her and her new partner. In terms of trying to make her pay money for the even though her ex-husband is paying and has an IVA how does that work if you know anything please?

Well from the few snippets of information given, I assume she signed as either guarantor to the loan, or a joint borrower, they are the only ways she can become liable, in which case the creditor can chase her for the loan payments, yet only a court can actually force her to pay anything.

Her ex husband has used the insolvency card, so can no longer be chased for the debt, so its all on her.

A restriction is no big deal, its not like a charging order, is she able to make payment toward this debt ?

If the answer is no, she should write to them explaining why she can`t pay, it might help keep things under control, if she has no means of paying the debt, they should stop collection activity.